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VALLON CASE

Doc ref: 9621/81 • ECHR ID: 001-55448

Document date: March 4, 1988

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Cited paragraphs: 0
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VALLON CASE

Doc ref: 9621/81 • ECHR ID: 001-55448

Document date: March 4, 1988

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54 (art. 54) of

the Convention for the Protection of Human Rights and Fundamental

Freedoms (hereinafter referred to as "the convention"),

Having regard to the judgment of the European Court of Human Rights in

the Vallon case, delivered on 3 June 1985 and transmitted the same day

to the Committee of Ministers;

Recalling that the case originated in an application against the

Republic of Italy lodged with the European Commission of Human Rights

on 23 October 1981 under Article 25 (art. 25) of the convention by

Mr Daniel Vallon, a French national, who complained of the length

of his detention on remand and of the length of criminal proceedings

taken against him;

Recalling that the Commission declared the application admissible on

13 October 1983 and in its report adopted on 8 May 1984 expressed

unanimously the opinion that the period of detention on remand

undergone by the applicant constituted a breach of Article 5,

paragraph 3 (art. 5-3), of the convention and that, in the present

case, the length of the proceedings constituted a breach of

Article 6, paragraph 1 (art. 6-1), of the convention;

Recalling that the case was brought before the Court by the Commission

on 12 October 1984;

Whereas the Government of Italy subsequently acknowledged that there

had been a violation on their part of the convention in this case and

arrived at an agreement with the applicant to pay him compensation of

six million (6 000 000) Italian Lire, one million (1 000 000) thereof

being intended to cover his legal costs;

Whereas in its judgment of 3 June 1985 the Court, having taken formal

note of the friendly settlement reached by the Government of Italy and

the applicant and having found that there were no reasons of public

policy (ordre public) justifying the continuation of the proceedings,

decided unanimously to strike the case out of its list;

Recalling that Rule 48, paragraph 3, of the Court's Rules provides

that the striking out of a case shall be effected by means of a

judgment which the President shall forward to the Committee of

Ministers in order to allow it to supervise, in accordance with

Article 54 (art. 54) of the convention, the execution of any

undertakings which may have been attached to the discontinuance or

solution of the matter;

Having invited the Government of Italy to inform it of the measures

taken for the execution of the undertaking attached to the solution of

the case;

Having satisfied itself that the Government of Italy has paid the

applicant the sum provided for in the friendly settlement,

Declares that it has exercised its functions under Article 54

(art. 54) of the convention in this case.

LEXI

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